top of page

The power under Section 482 of CrPC cannot be exercised where the allegations are required to be pro

State Of Madhya Pradesh Versus Yogendra Singh Jadon & Anr Criminal Appeal No. 175 Of 2020 (Arising Out Of Slp (Criminal) No. 172 Of 2017) – JANUARY 31, 2020

The Bench comprised of Justice L.Nageswara Rao and Justice Hemant Gupta.

The State aggrieved by the order of the High Court, where offences under Sections  420, 120-B of the Indian Penal Code,1860 were quashed has filed this appeal. A charge sheet for the offences under Sections 420, 406, 409, 120B IPC and 13(1)(d) and 13(2) of the Prevention of Corruption Act, 19882 was filed consequent to a registration of FIR. The allegation are that the Respondent’s deceased father who was the President of the said District Co-operative  Kendriya  Bank, committed financial irregularities on the basis of forged documents by misusing his post by providing fake loan to relatives. Subsequently a loan was sanctioned to Accused 1 on application for a cash credit of Rs.25lakhs without following any procedure and without mortgage of any property.

Special Judge framed charges against Accused 1&2 where such order was challenged by the respondents by way of a criminal revision. The High Court in the Revision petition found that the offences under Section 420, 120-B IPC are not made out against the respondents. The High Court held that there is no assertion they would not repay the cash credit. And held, basic ingredient to constitute the offence of 420 IPC is missing in the charge sheet.

The SC noted that the High Court has examined the entire issue as to whether the offence under Sections 420 and 120-B is made out or not at pre- trial stage.The power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised where the allegations are required to be proved in court of law.

The Court expounded that the power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised where the allegations are required to be proved in court of law. And further the manner in which loan was advanced without any proper documents and the fact that the respondents are beneficiary of benevolence of their father prima facie disclose an offence under Sections 420 and 120-B IPC.

“The charge under Section 420 IPC is not an isolated offence but it has to be read along with the offences under the Act to which the respondents may be liable with the aid of Section 120-B of IPC.”

Therefore held that the Order of the High Court quashing the charges against the respondent is not sustainable in law and the appeal was allowed.

– Saral.M

Commentaires


Articles

bottom of page